World Swimming Championships (Amendment) Act 2006

i World Swimming Championships (Amendment) Act 2006 Act No. 66/2006 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Definitions inserted 2 5. Functions of Corporation 5 6. Ministerial orders 5 7. New Part 4A inserted 6 PART 4A—THE SECRETARY 6 41A. Powers and functions 6 41B. Contracts and agreements 6 41C. Secretary is subject to Ministerial control 7 41D. Department Head's powers are not affected 7 41E. Delegation by Secretary 7 8. New sections 50A to 50D inserted 8 50A. Limitation on powers to make local laws 8 50B. Noise and light 9 50C. Major Events (Crowd Management) Act 2003 does not apply 9 50D. Australian Grands Prix Act 1994 10 9. New Part 5A inserted 11 PART 5A—WORKS AT, AND MANAGEMENT OF, CHAMPIONSHIPS VENUES AND DESIGNATED ACCESS AREAS 11 Division 1—Roads 11 50E. Temporary closure of roads 11 50F. Deemed permit under section 99B of Road Safety Act 1986 13 -- 1 of 71 -- Section Page ii Division 2—Restricted Access Areas 13 50G. Restricted access areas 13 50H. Authorisation by Corporation to be in restricted access areas during event period 15 50I. Declaration of persons authorised to be in restricted access areas other than during event period 16 50J. Offence to enter any part of restricted access area 17 50K. Warning people to leave restricted access area 18 50L. Direction not to enter restricted access area 19 50M. Interference with activities 19 50N. Offence not to produce authorisation on demand 20 50O. Power to remove offenders 21 Division 3—Management During Championships 23 50P. Application of Division 23 50Q. Secretary to manage Championships venues and designated access areas during event period 23 50R. Committees of management, land managers and other persons 24 50S. Championships venues and designated access areas to be restored to reasonable condition 25 50T. Vehicles and vessels in Championships venue or designated access area 26 50U. Parking or leaving vehicles or mooring or anchoring vessels in Championships venue or designated access area 27 50V. Removal of vehicles or vessels obstructing Championships venue or designated access area 27 10. Prohibition of unauthorised advertising 29 11. New Part 6A inserted 30 PART 6A—CHAMPIONSHIPS EVENTS AND CROWD MANAGEMENT 30 Division 1—Behaviour in Venues and Designated Access Areas 30 88A. Possession of prohibited items 30 88B. Possessing lit distress signal or fireworks 30 88C. Possessing unlit distress signal or fireworks 31 88D. Throwing lit distress signal or fireworks 31 88E. Powers of Secretary to prohibit items 31 88F. Alcohol in Championships venues or designated access areas 32 88G. Throwing or kicking projectiles 33 88H. Damaging or defacing 34 88I. Damaging trees and shrubs 34 88J. Blocking stairs, exits or entries 34 -- 2 of 71 -- Section Page iii 88K. Climbing on fence, barrier, barricade or other temporary structure 34 88L. Climbing roof or parapet of building 35 88M. Obstructing view of seated person 35 88N. Entering pools or surrounding areas 35 88O. Obstructing, hindering or disrupting conduct of events 36 88P. Obstructing or hindering person involved in event 36 88Q. Use of loud hailer etc. 37 88R. Erecting structures 38 88S. Conducting surveys or soliciting money etc. 38 88T. Hawking or sale of goods or services 39 88U. Bringing in goods for sale or distribution 39 88V. Tickets 39 88W. Busking 40 88X. Prohibition of advertisements 40 88Y. Disruptive behaviour 42 Division 2—Surrender and Confiscation of Items 42 88Z. Surrender or confiscation of prohibited items 42 88ZA. Surrender or confiscation of other items 43 88ZB. Police may retain or otherwise deal with prohibited item for purpose of proceedings 43 88ZC. Storage of items surrendered or confiscated 45 88ZD. Storage fee 47 88ZE. Secretary may authorise certain activities 47 88ZF. Declaration of class of persons 48 88ZG. Corporation may authorise certain activities 49 88ZH. What can an authorisation contain? 50 88ZI. Offence to fail to comply with terms and conditions 50 88ZJ. Production of authorisation 51 12. Division heading inserted 51 13. New Divisions 2 to 5 of Part 7 inserted 51 Division 2—Authorised Officers 51 89A. Appointment of authorised officers 51 89B. Identification of authorised officers 53 89C. Offence to hinder or obstruct authorised officer 53 89D. Offence to impersonate authorised officer 54 89E. Delegation under this Division by Secretary 54 Division 3—Powers of Authorised Officers 54 89F. Power to require name and address 54 89G. Refusal to give name and address 55 89H. Inspection powers 55 -- 3 of 71 -- Section Page iv Division 4—Miscellaneous Enforcement Matters 58 89I. Direction to leave venue or designated access area 58 89J. Refusal to leave venue or designated access area and re-entry 60 89K. Police may use reasonable force to remove person 61 89L. Repeat offenders 62 89M. Infringement notices, penalties and offences 63 Division 5—Other Miscellaneous Matters 64 89N. No compensation 64 14. Regulations 65 15. Expiry 66 ═══════════════ ENDNOTES 67 -- 4 of 71 -- 1 World Swimming Championships (Amendment) Act 2006 † [Assented to 29 August 2006] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the World Swimming Championships Act 2004— (a) to provide for the management and regulation of venues and areas to be used for the World Swimming Championships; Victoria No. 66 of 2006 -- 5 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 2 (b) to facilitate the carrying out of works for events and the conduct of events, including crowd management; (c) to provide for other related matters. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the World Swimming Championships Act 2004 is called the Principal Act. 4. Definitions inserted (1) In section 3 of the Principal Act insert— ' "Albert Park" has the same meaning as it has in section 3 of the Australian Grands Prix Act 1994; "Australian Grand Prix Corporation" means the Australian Grand Prix Corporation established by the Australian Grands Prix Act 1994; "authorised officer" means a person appointed as an authorised officer under Division 2 of Part 7; "Championships event" means an event conducted as part of the Championships and includes— (a) the sport of swimming; (b) a live site associated with the Championships; s. 2 See: Act No. 95/2004 and amending Act No. 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 6 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 3 (c) a cultural event associated with the Championships; "dangerous goods" has the same meaning as it has in section 3(1) of the Dangerous Goods Act 1985; "distress signal" means a pyrotechnic device intended for signalling, warning, rescue or similar purposes, and includes marine flares and signals, landing flares, highway fusees, line-carrying rockets, anti-hail rockets, cloud rockets, avalanche rockets and smoke generators; "Formula One event" has the same meaning as it has in section 3 of the Australian Grands Prix Act 1994; "laser pointer" means a hand-held battery- operated article designed or adapted to emit laser beams; "Melbourne Sports and Aquatic Centre land" means the land shown hatched in the plan in Schedule 1 to the State Sport Centres Act 1994; "prohibited item" means— (a) an animal, other than— (i) if a person is blind, deaf or otherwise suffering a disability, a guide dog used by that person or to assist that person; or (ii) a police dog or a police horse; (b) a laser pointer; (c) a distress signal; (d) dangerous goods; (e) a whistle or loud hailer; s. 4 -- 7 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 4 (f) a prohibited weapon or controlled weapon within the meaning of the Control of Weapons Act 1990, the possession of which would constitute an offence under that Act; (g) a firearm within the meaning of the Firearms Act 1996, the possession of which would constitute an offence under that Act; (h) a bicycle, scooter, skateboard, roller skates or roller blades; (i) a firework; (j) a horn or bugle; (k) a flag or banner which— (i) is larger than 1 metre by 1 metre; or (ii) has a handle longer than 1 metre; (l) any items which are in such a quantity that a reasonable person could infer that those items are to be used for commercial purposes; (m) a public address system, electronic equipment, broadcast equipment or similar device which may interfere with broadcast equipment or similar devices being used by the Corporation or a person authorised under this Act to use such equipment or devices; (n) any item declared under section 88E to be a prohibited item; "restricted access area" means an area which has been marked off or caused to be marked off under section 50G; s. 4 -- 8 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 5 "swimming pool" includes an area designated for use for open-water swimming; "vessel" has the same meaning as it has in section 3(1) of the Marine Act 1988;'. (2) In section 3 of the Principal Act, for the definition of "Secretary" substitute— ' "Secretary" means— (a) in Division 2 of Part 7, the person who for the time being is the Department Head under the Public Administration Act 2004 of the Department for Victorian Communities; (b) except in Division 2 of Part 7, the body corporate constituted under section 25A of the Commonwealth Games Arrangements Act 2001;'. 5. Functions of Corporation In section 9(e) of the Principal Act, for "to manage" substitute "subject to this Act, to manage". 6. Ministerial orders (1) At the end of section 34 of the Principal Act insert— "(2) If a proposed Championships venue, any part of a proposed Championships venue, a proposed designated access area or any part of a proposed designated access area is land in Albert Park which is in a declared area within the meaning of the Australian Grands Prix Act 1994, the Minister must consult with the Minister administering that Act before making an order under this Part in respect of that land.". s. 5 -- 9 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 6 (2) In section 37 of the Principal Act, for "16 weeks" substitute "24 weeks". 7. New Part 4A inserted After Part 4 of the Principal Act insert— "PART 4A—THE SECRETARY 41A. Powers and functions (1) In addition to its functions and powers under the Commonwealth Games Arrangements Act 2001, the Secretary has the powers and functions conferred on it by or under this Act or any other Act. (2) The Secretary may perform its functions under this Act within or outside Victoria. (3) The Secretary may exercise its powers under this Act within or outside Victoria. (4) Without limiting this section, in the performance of its functions under this Act, the Secretary, with the approval of the Treasurer, may— (a) form, participate in the formation of or be a member of a body corporate, association, partnership, trust or other body; and (b) enter into a joint venture with any other person. 41B. Contracts and agreements (1) The Secretary may enter into contracts and agreements and other arrangements with any person for the purposes of the management, development or conduct of the Championships. s. 7 -- 10 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 7 (2) The Secretary may do all things necessary or convenient to be done to give effect to the contracts, agreements and arrangements referred to in sub-section (1). 41C. Secretary is subject to Ministerial control In the exercise of its powers and functions, the Secretary is subject to the direction and control of the Minister. 41D. Department Head's powers are not affected The powers and functions of the person who for the time being constitutes the Secretary under section 25A of the Commonwealth Games Arrangements Act 2001 are in addition to, and do not affect, that person's powers and functions as a Department Head under the Public Administration Act 2004. 41E. Delegation by Secretary The Secretary, in writing, may delegate any of the powers conferred on the Secretary under this Act or the regulations, other than this power of delegation, to— (a) a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act; or (b) the Corporation; or (c) a body corporate established under an Act for a public purpose.". s. 7 -- 11 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 8 8. New sections 50A to 50D inserted After section 50 of the Principal Act insert— "50A. Limitation on powers to make local laws (1) This section applies during— (a) the event period; or (b) an access period. (2) A Council must not make a local law under the Local Government Act 1989 for or with respect to— (a) a Championships venue or a designated access area; or (b) the carrying out of works for the purposes of the development or use of a Championships venue or a designated access area, including the timing of works (including hours for building) for, and standards of, construction of those works; or (c) restricting the emanation of noise or light from a Championships venue or a designated access area; or (d) restricting the use of any road for access to or egress from a Championships venue or a designated access area. (3) Without limiting sections 111(2), 111(3) and 111(4) of the Local Government Act 1989, a local law, whether made before or after the commencement of this section, is inoperative to the extent that it makes provision for or with respect to or affecting any matter or thing referred to in sub- section (2). s. 8 -- 12 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 9 (4) Without limiting sub-section (3), a local law is inoperative to the extent that it is inconsistent with the exercise of any powers or functions under this Act— (a) by the Corporation; or (b) by the Secretary. (5) Without limiting sub-section (3), a local law is inoperative to the extent that it has the effect of, or is exercised in a manner directed at, preventing, hindering or disrupting the Secretary or the Corporation in the performance of an obligation or the pursuit of a right under any agreement, if the Governor in Council, by order published in the Government Gazette, declares it to be inoperative. 50B. Noise and light Nothing in the Health Act 1958 or the Local Government Act 1989 or regulations or local laws under those Acts applies in respect of noise or light emanating from a Championships venue or a designated access area. 50C. Major Events (Crowd Management) Act 2003 does not apply The Major Events (Crowd Management) Act 2003 does not apply to a Championships event or to a Championships venue or designated access area despite— (a) that event being conducted in a managed venue within the meaning of that Act; or s. 8 -- 13 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 10 (b) that Championships venue or designated access area or any part of that venue or area being a managed venue within the meaning of that Act. 50D. Australian Grands Prix Act 1994 (1) Subject to sub-sections (2) and (3), nothing in this Act affects the following during the months of February 2007 and March 2007 in respect of a Championships venue or designated access area— (a) the undertaking of works at Albert Park by the Australian Grand Prix Corporation in accordance with a licence granted under section 28 of the Australian Grands Prix Act 1994; or (b) the exercise by the Australian Grand Prix Corporation of a power to close roads under section 33 of the Australian Grands Prix Act 1994; or (c) the exercise of any powers or functions under the Australian Grands Prix Act 1994 by the Minister administering that Act. (2) Before undertaking works referred to in sub- section (1)(a) or before exercising a power to close roads referred to in sub-section (1)(b), the Australian Grand Prix Corporation must consult with the Secretary or the Corporation, as the case requires if those works or that road closure may affect— (a) the carrying out of works for the purposes of the Championships; or (b) the exercise of any power or function under this Act in respect of a Championships venue or designated access area. s. 8 -- 14 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 11 (3) Before exercising a power or function referred to in sub-section (1)(c), the Minister administering the Australian Grands Prix Act 1994 must consult with the Minister administering this Act if the exercise of that power or function under that Act may affect— (a) the carrying out of works for the purposes of the Championships; or (b) the exercise of any power or function under this Act in respect of a Championships venue or designated access area. (4) If there is a dispute between the Secretary or the Corporation and the Australian Grand Prix Corporation about the exercise of any power or function referred to in sub-section (1)(a) or (b), the Secretary or the Corporation (as the case requires) or the Australian Grand Prix Corporation may refer the matter to the Minister administering the Australian Grands Prix Act 1994 and the Minister administering this Act for a joint decision on the matter.". 9. New Part 5A inserted After Part 5 of the Principal Act insert— 'PART 5A—WORKS AT, AND MANAGEMENT OF, CHAMPIONSHIPS VENUES AND DESIGNATED ACCESS AREAS Division 1—Roads 50E. Temporary closure of roads (1) Subject to sub-section (3), for the purpose of enabling works to be carried out at a Championships venue or a designated access s. 9 -- 15 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 12 area, the Minister may temporarily close a road to traffic if the Minister considers it necessary to do so to enable those works to be carried out on the road or neighbouring land. (2) Subject to sub-section (3), the Minister may temporarily close a road or part of a road to traffic generally or to a particular class of traffic if the Minister considers it necessary to do so— (a) for the purposes of conducting a Championships event or an associated activity; or (b) for any purpose associated with or ancillary to the conduct of that event or activity. (3) The Minister must not temporarily close a road under sub-section (1) or (2) unless the Minister has consulted— (a) with the Minister administering the Road Management Act 2004; and (b) if the road is a road to which Division 2 of Part 9 of the Local Government Act 1989 applies, with the Minister administering that Act; and (c) if the road is in a declared area within the meaning of the Australian Grands Prix Act 1994, with the Minister administering that Act; and (d) if the road is in the part of Albert Park that is not Melbourne Sports and Aquatic Centre land, with the Minister administering the Crown Land (Reserves) Act 1978; and s. 9 -- 16 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 13 (e) if the road is in the part of Albert Park that is Melbourne Sports and Aquatic Centre land, with the Minister administering the State Sport Centres Act 1994 and the Minister administering the Crown Land (Reserves) Act 1978. (4) In this section, "traffic" means vehicular traffic, pedestrian traffic and all other kinds of traffic. 50F. Deemed permit under section 99B of Road Safety Act 1986 (1) For the purposes of preparation for the conducting of a Championships event or an associated activity which involves conducting a non-road activity within the meaning of section 99B of the Road Safety Act 1986 on a highway within the meaning of that Act, the Secretary is deemed to be a person to whom a permit under that section has been issued. (2) For the purposes of conducting a Championships event or an associated activity which involves conducting a non- road activity within the meaning of section 99B of the Road Safety Act 1986 on a highway within the meaning of that Act, the Corporation is deemed to be a person to whom a permit under that section has been issued. Division 2—Restricted Access Areas 50G. Restricted access areas (1) Subject to sub-section (3), the Secretary may mark off or cause to be marked off as a restricted access area— s. 9 -- 17 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 14 (a) any part of a Championships venue; or (b) any part of a designated access area— by— (c) the use of fencing, barriers or other permanent or temporary means of physical demarcation; and (d) erecting signs or causing signs to be erected on or in close proximity to the area stating— (i) that the area is a restricted access area; and (ii) the restrictions (if any) which apply in relation to that restricted access area. (2) Without limiting sub-section (1), in the case of a restricted access area wholly or partly over water, that area may be indicated by buoys, signs on the shore, pontoons, ropes or any other suitable means. (3) The Secretary must not mark off or cause to be marked off as a restricted access area any area in a declared area within the meaning of the Australian Grands Prix Act 1994, during a race period within the meaning of that Act unless the Secretary has consulted with the Australian Grand Prix Corporation. (4) If there is a dispute between the Secretary and the Australian Grand Prix Corporation about a restricted access area or a proposed restricted access area in a declared area within the meaning of the Australian Grands Prix Act 1994 during a race period within the meaning of that Act, the Secretary or the Australian Grand Prix Corporation may refer the matter to the Minister s. 9 -- 18 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 15 administering the Australian Grands Prix Act 1994 and the Minister administering this Act for a joint decision on the matter. (5) In any proceedings under this Act, a certificate, signed by the Secretary, certifying that an area was a restricted access area is evidence of the facts stated in the certificate. 50H. Authorisation by Corporation to be in restricted access areas during event period (1) The Corporation may authorise a person, a class of person or classes of persons to enter and remain on any part of a restricted access area during the event period for any of the following purposes or any combination of those purposes— (a) the preparation or conduct of, or participation in, the Championships, a Championships event or any associated event, activity or program, including any works for those purposes; (b) the carrying out of any activity associated with or ancillary to the matters specified in paragraph (a), including any works; (c) the use of any facilities at a Championships venue or designated access area during the event period. (2) An authorisation under sub-section (1)— (a) must be in writing; and (b) must specify the person, class of person or classes of persons to whom the authorisation applies; and s. 9 -- 19 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 16 (c) must specify the terms and conditions (if any) to which the authorisation is subject; and (d) must specify— (i) the period, being the event period or any specified part of the event period, during which the authorisation applies; and (ii) the area to which the authorisation applies; and (e) may be of general or limited application; and (f) may differ according to differences in time, place or circumstance. 50I. Declaration of persons authorised to be in restricted access areas other than during event period (1) The Secretary, by declaration, may authorise a person or a class of person or classes of persons to enter and remain on any part of a restricted access area for any of the following purposes or any combination of those purposes— (a) the preparation or conduct of, or participation in, the Championships, a Championships event or any associated event, activity or program; (b) the carrying out of any activity associated with or ancillary to the matters specified in paragraph (a), including any works; (c) the use of any facilities at a Championships venue or designated access area. s. 9 -- 20 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 17 (2) A declaration under sub-section (1)— (a) must specify the person or class of person or classes of persons to whom the authorisation applies; (b) must specify the terms and conditions (if any) to which the authorisation is subject; (c) subject to paragraph (d), may specify— (i) the period during which the authorisation applies; and (ii) the area to which the authorisation applies; (d) must not specify a period which is the event period; Note: See section 50H. (e) may be of general or limited application; (f) may differ according to differences in time, place or circumstance. (3) A declaration under sub-section (1) must be published in the Government Gazette. 50J. Offence to enter any part of restricted access area (1) A person must not enter into or remain in any part of a restricted access area unless the person— (a) is authorised under section 50H or 50I or otherwise under this Act; or s. 9 -- 21 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 18 (b) is one of the following acting in the performance of his or her duties— (i) a member of the police force; or (ii) an employee in the public service within the meaning of the Public Administration Act 2004; or (iii) an officer or employee of a public body; or (c) is the owner of that land or a person authorised in writing by the owner. Penalty: 10 penalty units. (2) It is a defence to a charge brought under sub- section (1) against a person to prove that the person had a reasonable excuse for entering into or remaining in the restricted access area. 50K. Warning people to leave restricted access area (1) The Secretary, a member of the police force or an authorised officer may warn any person who is not authorised under section 50H or 50I to be in a restricted access area or otherwise authorised under this Act to be in that area to leave any part of a restricted access area. (2) Without limiting sub-section (1), during the event period, the Corporation may warn any person who is not authorised under section 50H or 50I to be in a restricted access area or otherwise authorised under this Act to be in that area to leave any part of a restricted access area. s. 9 -- 22 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 19 (3) For the purposes of section 9(1) of the Summary Offences Act 1966— (a) the Secretary is deemed to be the occupier of the land concerned in exercising a power under sub-section (1); and (b) without limiting paragraph (a), during the event period, the Corporation is deemed to be the occupier of the land concerned in exercising a power under sub-section (2). 50L. Direction not to enter restricted access area An authorised officer or a member of the police force may direct any person who is not authorised under section 50H or 50I to be in a restricted access area or otherwise authorised under this Act to be in that area not to enter a restricted access area. 50M. Interference with activities (1) A person must not in any way intentionally— (a) interfere with or hinder; or (b) cause any other person to interfere with or hinder— the carrying out of any works at a Championships venue or in a designated access area for the purposes of the Championships. Penalty: 10 penalty units. s. 9 -- 23 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 20 (2) A person must not in any way intentionally— (a) interfere with or hinder; or (b) cause any other person to interfere with or hinder— the entry into a restricted access area by a person authorised under section 50H or 50I or otherwise under this Act to do so. Penalty: 10 penalty units. 50N. Offence not to produce authorisation on demand (1) A person who is in a restricted access area, when asked to do so by a member of the police force or an authorised officer, must— (a) produce an authorisation issued under section 50H or 50I or other evidence of that person's authority to be in that restricted access area; or (b) give his or her name and address. Penalty: 5 penalty units. (2) A member of the police force or an authorised officer must— (a) produce proof of his or her identity and official status before exercising a power under sub-section (1) unless, in the case of a member of the police force, the member is in uniform; and (b) inform the person that— (i) the authorised officer or member of the police force (as the case requires) is empowered under sub- section (1) to ask the person to produce evidence of that person's s. 9 -- 24 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 21 authority to enter into or remain in the restricted access area or to ask the person to give that person's name and address; and (ii) it is an offence to fail to comply with the requirements of sub- section (1); and (c) make all reasonable attempts to ensure that the person understands the requirement made under sub- section (1). (3) It is not an offence for a person to fail to comply with sub-section (1) if the authorised officer or member of the police force (as the case requires) did not comply with sub- section (2). 50O. Power to remove offenders (1) If a member of the police force believes on reasonable grounds that— (a) an assembly is being carried on in any part of— (i) a Championships venue; or (ii) a designated access area; and (b) the assembly is being carried on in a manner involving unlawful physical violence to persons or unlawful damage to property; and (c) because of the number of persons involved in the assembly, it is not practicable to preserve or restore public order by arresting a person or persons involved in the assembly who is, or who are, committing an offence involving unlawful physical violence to s. 9 -- 25 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 22 persons or unlawful damage to property— the member of the police force may remove that person or those persons from the Championships venue or the designated access area (as the case requires). (2) A member of the police force may remove a person from a restricted access area if the member of the police force believes on reasonable grounds that— (a) the person is not authorised to be in a restricted access area; and (b) the person has been given a warning to leave the restricted access area under section 50K or has been directed under section 50L not to enter the area and the person has refused to comply with the warning or the direction, as the case requires. (3) A member of the police force may, in order to remove a person from an area, use such force as is reasonable in the circumstances. (4) Nothing in this section limits any powers of arrest that a member of the police force has under any other law. (5) Any action taken under this section does not prevent the institution of proceedings in respect of an offence. s. 9 -- 26 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 23 Division 3—Management During Championships 50P. Application of Division Nothing in this Division prevents a person outside the event period— (a) attending in a Championships venue or designated access area— (i) a public entertainment; (ii) a public sporting activity— approved by the committee of management or other land manager of that area; or (b) patronising a business that is permanently located in a Championships venue or designated access area. 50Q. Secretary to manage Championships venues and designated access areas during event period (1) Subject to this Act, during the event period, the Secretary is responsible for the management and control of a Championships venue or designated access area for the purposes of— (a) the Championships; and (b) the management and conduct of Championships events or associated events, activities or programs; and (c) carrying out activities ancillary to or associated with the Championships, Championships events or associated events, activities or programs; and s. 9 -- 27 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 24 (d) carrying out any other functions or powers under this Act. (2) Despite sub-section (1) and without limiting its other powers under this Act, the Corporation is responsible for and has all powers necessary to control access to a Championships venue or a designated access area by participants, officials, volunteers, spectators and other persons during the event period. 50R. Committees of management, land managers and other persons (1) During the event period, the powers of any committee of management under any Act, any land manager under any Act or a person referred to in sub-section (2) in respect of any Championships venue or designated access area must not be exercised except— (a) with the consent of the Secretary; or (b) in accordance with any agreement or arrangement entered into with the Secretary or with the Corporation. (2) Despite sub-section (1), a person who has a pre-existing right to carry on a business in premises in a Championships venue or a designated access area, being premises in respect of which the person has a right of occupation, may, during the event period, carry on that business— (a) to the extent and in accordance with the conditions that the Secretary, after consultation with the committee of management or other land manager (as the case requires), approves; or s. 9 -- 28 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 25 (b) in the case where an agreement or arrangement has been entered into with the Corporation, to the extent and in accordance with the agreement or arrangement and any conditions that the Corporation, after consultation with the committee of management or other land manager (as the case requires), approves; or (c) in the event of a dispute, to the extent and in accordance with the conditions that the Minister approves. (3) Despite sub-section (1), if any part of the race period within the meaning of the Australian Grands Prix Act 1994 occurs during the event period, the Australian Grand Prix Corporation may carry out its functions and powers under section 30 of that Act in respect of a declared area within the meaning of that Act which is wholly or partly in a Championships venue or a designated access area. 50S. Championships venues and designated access areas to be restored to reasonable condition (1) A Championships venue and any designated access area must be restored by the Secretary to a condition reasonably comparable to its condition immediately before the beginning of the event period as soon as practicable after whichever of the following first occurs— s. 9 -- 29 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 26 (a) the Championships venue or designated access area ceasing to be a Championships venue or designated access area, as the case requires; or (b) the end of the event period. (2) The Secretary must take all reasonable steps to ensure compliance with sub-section (1). (3) If there is a dispute between the committee of management or other land manager (as the case requires) and the Secretary about the standard of restoration in a Championships venue or a designated access area, the committee of management or the land manager (as the case requires) or the Secretary may refer the matter to the Minister administering the Crown Land (Reserves) Act 1978 and the Minister administering this Act for a decision on the matter. 50T. Vehicles and vessels in Championships venue or designated access area (1) During the event period, a person must not bring a vehicle or a vessel into a Championships venue or a designated access area except— (a) with the written authorisation of the Corporation or the Secretary; or (b) otherwise in accordance with this Act. Penalty: 20 penalty units. (2) Sub-section (1) does not apply to the bringing into a Championships venue or a designated access area of a pram, stroller, wheelchair or other mobility aid. s. 9 -- 30 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 27 50U. Parking or leaving vehicles or mooring or anchoring vessels in Championships venue or designated access area (1) During the event period, a person must not park or leave standing a vehicle or moor, anchor or cause to be adrift a vessel in a Championships venue or a designated access area except— (a) with the written authorisation of the Secretary or the Corporation; or (b) otherwise in accordance with this Act. Penalty: 20 penalty units. Note: See the definition of "parking infringement" in the Road Safety Act 1986. (2) Sub-section (1) does not apply to the parking or leaving standing in a Championships venue or a designated access area of a pram, stroller, wheelchair or other mobility aid. 50V. Removal of vehicles or vessels obstructing Championships venue or designated access area (1) A member of the police force or an authorised officer may move or cause to be moved a vehicle which is parked or left standing or a vessel which is moored, anchored or adrift— (a) in a Championships venue or a designated access area, if that vehicle or vessel, as the case requires, is not authorised to be in that venue or area; or (b) so close to a Championships venue or a designated access area as to obstruct access to, or egress from, it by vehicles, vessels or pedestrians. s. 9 -- 31 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 28 (2) A member of the police force or an authorised officer may move or cause to be moved a vehicle which is parked or left standing or a vessel which is moored, anchored or adrift in a Championships venue or a designated access area if, in the opinion of the member of the police force or the authorised officer (as the case requires), the vehicle or vessel is— (a) a danger to other vehicles, vessels or persons in that venue or area; or (b) causing or likely to cause traffic congestion; or (c) hindering or obstructing, or likely to hinder or obstruct— (i) a Championships event or an associated event, activity or program; or (ii) any activity associated with or ancillary to the Championships, a Championships event or an associated event, activity or program; or (iii) access to or egress from any facilities used for the purposes of the Championships. (3) Sub-section (2) applies whether or not the vehicle or vessel is authorised to be in the Championships venue or the designated access area. s. 9 -- 32 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 29 (4) A member of the police force acting in accordance with this section may— (a) enter a vehicle or a vessel using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and (b) move the vehicle or vessel to the nearest convenient place. (5) The Chief Commissioner of Police or the Corporation may recover from the owner of a vehicle or vessel moved under this section any reasonable costs incurred in moving it. (6) In this section, "owner"— (a) in relation to a vehicle, has the same meaning as it has in Part 7 of the Road Safety Act 1986; and (b) in relation to a vessel, has the same meaning as it has in section 3(1) of the Marine Act 1988.'. 10. Prohibition of unauthorised advertising After section 70(4) of the Principal Act insert— "(5) Sub-section (1) does not apply to any advertising relating to a Formula One event— (a) displayed during the event period in a Championships venue or a designated access area in Albert Park; and (b) which is authorised under the Australian Grands Prix Act 1994.". s. 10 -- 33 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 30 11. New Part 6A inserted After Part 6 of the Principal Act insert— 'PART 6A—CHAMPIONSHIPS EVENTS AND CROWD MANAGEMENT Division 1—Behaviour in Venues and Designated Access Areas 88A. Possession of prohibited items (1) During the event period, a person in a Championships venue or a designated access area must not possess a prohibited item except with the written authorisation of the Secretary. Penalty: 20 penalty units. (2) This section does not apply to the following prohibited items— (a) distress signals; (b) fireworks. 88B. Possessing lit distress signal or fireworks During the event period, a person in a Championships venue or a designated access area must not have in his or her possession any lit distress signal or lit firework except with the written authorisation of the Secretary. Penalty: 30 penalty units. s. 11 -- 34 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 31 88C. Possessing unlit distress signal or fireworks During the event period, a person in a Championships venue or a designated access area must not have in his or her possession any unlit distress signal or unlit firework except with the written authorisation of the Secretary. Penalty: 20 penalty units. 88D. Throwing lit distress signal or fireworks During the event period, a person in a Championships venue or a designated access area must not throw any lit distress signal or lit fireworks except with the written authorisation of the Secretary. Penalty: 40 penalty units. 88E. Powers of Secretary to prohibit items (1) Nothing in the definition of "prohibited item" in section 3 prevents the Secretary from declaring that any item not referred to in paragraphs (a) to (m) of that definition is prohibited from being brought into a Championships venue or a designated access area for which the Secretary is responsible. (2) The Secretary must publish any declaration of a prohibited item made under sub- section (1) in the Government Gazette. (3) The Secretary may authorise in writing any person or class of persons to possess a prohibited item or class of prohibited item in a Championships venue or a designated access area. s. 11 -- 35 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 32 88F. Alcohol in Championships venues or designated access areas (1) Subject to sub-section (2), during the event period, a person in a Championships venue or a designated access area must not have in his or her possession any alcohol that has not been purchased at the Championships venue or the designated access area in accordance with the Liquor Control Reform Act 1998. Penalty: 20 penalty units. (2) During the event period, a person in a Championships venue or a designated access area may have alcohol in his or her possession that has not been purchased at the Championships venue or the designated access area in accordance with the Liquor Control Reform Act 1998 if the Secretary has authorised the possession of such alcohol. (3) During the event period, a person in a Championships venue or a designated access area must not possess any alcohol in an unsealed container other than in an area licensed in accordance with the Liquor Control Reform Act 1998 except— (a) with the written authority of the Secretary; or (b) otherwise in accordance with this Act. Penalty: 2 penalty units. (4) During the event period, a person in a Championships venue or a designated access area must not consume any alcohol other than in an area licensed in accordance with the Liquor Control Reform Act 1998 except— s. 11 -- 36 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 33 (a) with the written authority of the Secretary; or (b) otherwise in accordance with this Act. Penalty: 2 penalty units. (5) An authorised officer or a member of the police force who believes on reasonable grounds that a person is contravening or has contravened sub-section (3) or (4) may direct the person— (a) to dispose of any unconsumed alcohol remaining in that person's possession; or (b) to seal any unsealed container of alcohol; or (c) to dispose of the contents of any unsealed container of alcohol. (6) A person must comply with a direction given by an authorised officer or a member of the police force under sub-section (5). Penalty: 2 penalty units. 88G. Throwing or kicking projectiles (1) During the event period, a person must not, within a Championships venue or a designated access area, throw or kick any stone, bottle or other projectile. Penalty: 20 penalty units. (2) Sub-section (1) does not apply to a person who throws or kicks a projectile in the course of— (a) participating in a Championships event; or (b) officiating at a Championships event; or s. 11 -- 37 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 34 (c) officially acting as a volunteer engaged in the management or conduct of a Championships event. 88H. Damaging or defacing During the event period, a person must not, within a Championships venue or a designated access area, deface or damage any building, fence, barrier, barricade, seat, chair, table, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring or sign. Penalty: 20 penalty units. 88I. Damaging trees and shrubs During the event period, a person must not, within a Championships venue or a designated access area, damage any trees or shrubs. Penalty: 20 penalty units. 88J. Blocking stairs, exits or entries During the event period, a person must not, without reasonable excuse, block any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry, exit or other thoroughfare in a Championships venue or a designated access area. Penalty: 20 penalty units. 88K. Climbing on fence, barrier, barricade or other temporary structure During the event period, a person must not, without reasonable excuse, climb on any fence, barrier, barricade or other temporary structure— s. 11 -- 38 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 35 (a) in a Championships venue or a designated access area; or (b) delineating the boundaries of a Championships venue or a designated access area. Penalty: 10 penalty units. 88L. Climbing roof or parapet of building During the event period, a person must not climb a roof or parapet of a building within a Championships venue or a designated access area except with the written authorisation of the Secretary. Penalty: 10 penalty units. 88M. Obstructing view of seated person During the event period, a person in a Championships venue or a designated access area must not, without reasonable excuse, stand in a place or in a particular manner that deliberately obstructs the view of any other person seated in a seat in the immediate vicinity. Penalty: 10 penalty units. 88N. Entering pools or surrounding areas (1) During the event period, a person in a Championships venue or a designated access area must not jump, dive or swim in or otherwise use a swimming pool constructed for the purpose of, or being used for, a Championships event. Penalty: 20 penalty units. s. 11 -- 39 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 36 (2) During the event period, a person in a Championships venue or a designated access area must not enter or remain in any concourse area surrounding a swimming pool constructed for the purpose of, or being used for, a Championships event. Penalty: 20 penalty units. (3) Sub-sections (1) and (2) do not apply to any person who— (a) is a participant in a Championships event; or (b) is engaged in the control or management of a Championships event or officiating at a Championships event; or (c) is officially acting as a volunteer engaged in the management or conduct of a Championships event; or (d) is, or is a member of a class of person that is, otherwise authorised to carry out an activity referred to in sub- section (1) or (2). 88O. Obstructing, hindering or disrupting conduct of events During the event period, a person must not intentionally or recklessly obstruct, hinder or disrupt the conduct of a Championships event. Penalty: 60 penalty units. 88P. Obstructing or hindering person involved in event During the event period, a person must not intentionally or recklessly obstruct or hinder— s. 11 -- 40 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 37 (a) a participant in a Championships event; or (b) a person officiating at a Championships event; or (c) a volunteer engaged in the management or conduct of a Championships event; or (d) a contractor or other person engaged or employed by the Corporation, the State or a public authority of the State to carry out functions associated with or ancillary to the conduct of a Championships event. Penalty: 60 penalty units. 88Q. Use of loud hailer etc. During the event period, a person must not, in a Championships venue or a designated access area, operate or use a loud hailer, public address system or other broadcast device except— (a) with the written authorisation of the Secretary; or (b) in the course of— (i) officiating at a Championships event; or (ii) officially acting as a volunteer engaged in the management or conduct of a Championships event; or (c) otherwise in accordance with this Act. Penalty: 20 penalty units. s. 11 -- 41 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 38 88R. Erecting structures (1) During the event period, a person must not erect any structure in a Championships venue or a designated access area, except with the written authorisation of the Corporation or of the Secretary. Penalty: 20 penalty units. (2) Sub-section (1) does not apply in respect of any structure relating to a Formula One event erected in a Championships venue or a designated access area in Albert Park and which is authorised to be erected under the Australian Grands Prix Act 1994. (3) An authorised officer may cause to be dismantled or removed from a Championships venue or a designated access area any structure erected in contravention of this section. 88S. Conducting surveys or soliciting money etc. During the event period, a person must not, except with the written authorisation of the Corporation, in a Championships venue or a designated access area— (a) conduct public surveys or opinion polls; or (b) solicit money, donations or subscriptions from members of the public. Penalty: 20 penalty units. s. 11 -- 42 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 39 88T. Hawking or sale of goods or services During the event period, a person must not, in a Championships venue or a designated access area, hawk, sell, offer or expose for sale to members of the public any goods or services or collect money or orders from members of the public for goods or services except with the written authorisation of the Corporation. Penalty: 20 penalty units. 88U. Bringing in goods for sale or distribution During the event period, a person must not bring into a Championships venue or a designated access area goods for the purpose of distribution or sale to members of the public except with the written authorisation of the Corporation. Penalty: 20 penalty units. 88V. Tickets During the event period, a person must not, except with the written authorisation of the Corporation, in a Championships venue or a designated access area— (a) sell, offer or make available for sale, or give away any ticket to the Championships, whether valid, an imitation or forged; or (b) bring into a Championships venue or a designated access area tickets for the purposes referred to in paragraph (a). Penalty: 20 penalty units. s. 11 -- 43 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 40 88W. Busking During the event period, a person must not busk in a Championships venue or a designated access area except— (a) with the written authorisation of the Secretary; or (b) otherwise in accordance with this Act. Penalty: 20 penalty units. 88X. Prohibition of advertisements (1) During the event period, a person must not, except with the written authorisation of the Corporation, cause any poster, placard, bill, banner, print, paper or any advertising material to be affixed to or placed on or remain on any building or structure, tree, fence or cordon that is— (a) in a Championships venue or a designated access area; or (b) on any fence, cordon, building or structure defining the boundary of a Championships venue or a designated access area. Penalty: 20 penalty units. (2) An authorised officer may remove any poster, placard, bill, banner, print, paper or advertising material, affixed or placed on any building or structure, tree, fence or cordon in contravention of this section. (3) During the event period, a person must not distribute or promote any advertising or promotional material, samples of goods or services, or any other matter or thing to members of the public in a Championships venue or a designated access area except— s. 11 -- 44 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 41 (a) with the written authorisation of the Corporation; or (b) otherwise in accordance with this Act. Penalty: 20 penalty units. (4) During the event period, a person must not display any advertising or promotional material, samples of goods or services, or any other matter or thing to members of the public in a Championships venue or a designated access area except— (a) with the written authorisation of the Corporation; or (b) otherwise in accordance with this Act. Penalty: 20 penalty units. (5) Sub-section (4) does not apply to articles of clothing being worn by— (a) a member of the public attending a Championships event; or (b) a person who is a participant in, or who is officiating at, a Championships event; or (c) a volunteer engaged in the management or conduct of a Championships event. (6) Sub-sections (1), (3) and (4) do not apply to any advertising material or promotional material relating to a Formula One event— (a) affixed, placed, displayed or distributed during the event period in a Championships venue or a designated access area in Albert Park; and (b) which is authorised under the Australian Grands Prix Act 1994. s. 11 -- 45 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 42 88Y. Disruptive behaviour An authorised officer or a member of the police force may direct a person who is in a Championships venue or a designated access area to leave the Championships venue or designated access area and not re-enter the venue or area for a period of 24 hours if the authorised officer or member of the police force, as the case requires, believes on reasonable grounds that the person is— (a) disrupting or interrupting any Championships event organised by the Corporation; or (b) causing annoyance to spectators. Division 2—Surrender and Confiscation of Items 88Z. Surrender or confiscation of prohibited items (1) An authorised officer or a member of the police force may request a person to surrender any item that— (a) is a prohibited item which the person intends to bring, or has brought, into a Championships venue or a designated access area or has in that person's possession in that venue or area in contravention of section 88A, 88B or 88C; or (b) a person has in his or her possession in contravention of section 88F. s. 11 -- 46 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 43 (2) If a person refuses to comply with a request under sub-section (1), an authorised officer or a member of the police force— (a) may direct the person not to enter the Championships venue or the designated access area; or (b) if the person is in a Championships venue or a designated access area, may direct the person to leave the Championships venue or the designated access area (as the case requires) and not re-enter the area for a period of 24 hours; or (c) may confiscate the prohibited item. 88ZA. Surrender or confiscation of other items (1) An authorised officer or a member of the police force may request a person in a Championships venue or a designated access area to surrender any item which the officer or member believes on reasonable grounds to have been used in contravention of section 88S, 88T, 88U or 88V. (2) If a person refuses to comply with a request under sub-section (1), an authorised officer or member of the police force may confiscate that item. 88ZB. Police may retain or otherwise deal with prohibited item for purpose of proceedings (1) Without limiting any other power in relation to proceedings for an offence, if, under this Division, an item is surrendered to a member of the police force or confiscated by a member of the police force or otherwise comes into the possession of a member of the police force, that member— s. 11 -- 47 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 44 (a) may retain the item for the purposes of proceedings for an offence against this Act or the regulations and deal with that item in accordance with law; and (b) in the case of a prohibited item of a kind referred to in paragraph (a), (e), (h), (j), (l), (m) or (n) of the definition of "prohibited item" in section 3, may photograph or otherwise take a record of that item for the purpose of proceedings for an offence against this Act or the regulations and— (i) on request of the person from whom the item was confiscated or who surrendered the item, return it to the person when the person leaves the Championships venue or a designated access area; or (ii) if that person does not request the return of the item under sub- paragraph (i), give that item to the Secretary to be dealt with in accordance with section 88ZC; or (iii) return the item to its lawful owner, if known, within 28 days after it was confiscated or surrendered under this Division; or (iv) otherwise deal with that item in accordance with law. (2) If proceedings for an offence against section 88A, 88B, 88C, 88F, 88S, 88T, 88U or 88V have been commenced in respect of an item to which this section applies, subject to any court order, that item must not be returned to the person who surrendered it or from whom it was confiscated. s. 11 -- 48 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 45 88ZC. Storage of items surrendered or confiscated (1) Subject to section 88ZB, the Secretary must ensure that an item that has been surrendered by a person in compliance with a request under this Division or confiscated under this Division— (a) is stored at the relevant Championships venue or a designated access area or any other place in a manner which the Secretary considers appropriate; and (b) subject to this section, on payment of a reasonable storage fee determined by the Secretary under section 88ZD, is returned to the person— (i) on request when the person leaves the Championships venue or a designated access area; or (ii) within 28 days after the item is surrendered or confiscated. (2) A prohibited item that is not collected by the person who surrendered it in compliance with a request under section 88Z or from whom it was confiscated under that section must be stored by the Secretary until the earlier of— (a) the person requesting the item's return; or (b) the expiration of 28 days after the item was surrendered or confiscated (as the case requires). s. 11 -- 49 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 46 (3) Subject to sub-section (5), if the person from whom an item was surrendered or confiscated under section 88ZA has not requested the item's return in accordance with sub-section (1), the Secretary may destroy that item in any manner that the Secretary thinks fit. (4) Subject to sub-section (5), despite anything to the contrary in this section, if a surrendered prohibited item or a confiscated prohibited item— (a) is a prohibited weapon or a controlled weapon within the meaning of the Control of Weapons Act 1990 or a firearm within the meaning of the Firearms Act 1996, the possession of which would constitute an offence under the relevant Act, the Secretary must ensure that the item is given to a member of the police force within 24 hours after the item is surrendered or confiscated (as the case requires); (b) is a firework, the Secretary must ensure that the item is given to a member of the police force within 24 hours after the item is surrendered or confiscated (as the case requires); (c) is a dangerous good, laser pointer or distress signal and the item is not collected within 28 days after it was surrendered or confiscated, the Secretary must destroy the item; (d) is a perishable foodstuff, the Secretary may destroy or dispose of the item after the end of the day on which the item is surrendered or confiscated; s. 11 -- 50 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 47 (e) being an item not referred to in paragraph (a), (b) or (c), is not collected within 28 days after it was surrendered or confiscated (as the case requires), the Secretary may sell the item and the proceeds of the sale must be paid into the Consolidated Fund. (5) If proceedings for an offence against section 88A, 88B, 88C, 88F, 88S, 88T, 88U or 88V have been commenced in respect of an item to which this section applies, subject to any court order, that item must not be— (a) returned to the person who surrendered it or from whom it was confiscated; or (b) destroyed or sold under this section. 88ZD. Storage fee (1) The Secretary, by declaration published in the Government Gazette, may fix reasonable storage fees for the purposes of section 88ZC. (2) A declaration under sub-section (1)— (a) may differ according to differences in time, place or circumstance; (b) may set different fees for different items or classes of item. 88ZE. Secretary may authorise certain activities (1) The Secretary may authorise a specified person to carry out an activity which would otherwise be an offence against section 50T, 50U, 88A, 88B, 88C, 88D, 88F, 88L, 88N, 88Q or 88R if the Secretary is satisfied that the carrying out of that activity is necessary for or in connection with the conduct or management of a Championships event. s. 11 -- 51 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 48 (2) An authorisation under sub-section (1)— (a) must be in writing; and (b) must specify the person to whom it applies; and (c) is subject to the terms and conditions which the Secretary considers reasonable to impose in the circumstances and which are specified in the authorisation. (3) Without limiting sub-section (2), an authorisation may specify— (a) the period during which the authorisation applies; and (b) the area to which the authorisation applies. (4) The Secretary may at any time and at the Secretary's discretion, revoke an authorisation issued under this section. 88ZF. Declaration of class of persons (1) The Secretary, by declaration may authorise a class of person or classes of persons to carry out an activity which would otherwise be an offence against section 50T, 50U, 88A, 88B, 88C, 88D, 88F, 88L, 88N, 88Q or 88R if the Secretary is satisfied that the carrying out of that activity is necessary for or in connection with the conduct or management of a Championships event. (2) A declaration under sub-section (1)— (a) must specify the class of person or classes of persons to whom the authorisation applies; s. 11 -- 52 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 49 (b) must specify the terms and conditions (if any) to which the authorisation is subject; (c) may specify— (i) the period during which the authorisation applies; (ii) the area to which the authorisation applies; (d) may be of general or limited application; (e) may differ according to differences in time, place or circumstance. (3) A declaration under sub-section (1) must be published in the Government Gazette. (4) The Secretary may revoke or amend a declaration made under this section by notice published in the Government Gazette. 88ZG. Corporation may authorise certain activities (1) Subject to sub-section (2), the Corporation may authorise a person or class of person to carry out an activity during an event period which would otherwise be an offence against section 50T, 50U, 88N, 88R, 88S, 88T, 88U, 88V or 88X. (2) An application for an authorisation by the Corporation under this section must be made in the manner and form determined by the Corporation. (3) The Corporation must not give an authorisation under sub-section (1) if, in the opinion of the Corporation, the carrying out of that activity would adversely affect— s. 11 -- 53 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 50 (a) the organisation or conduct of the Championships or a Championships event; or (b) any commercial arrangements relating to the Championships or a Championships event. (4) An authorisation under this section must be in writing. 88ZH. What can an authorisation contain? An authorisation by the Corporation under section 88ZG is subject to any terms and conditions which the Corporation believes are reasonable to impose, including but not limited to— (a) the duration of the authorisation during the event period to which it applies; (b) whether the authorisation applies generally or in specified circumstances; (c) whether the authorisation applies to a specified person or persons or to a specified class or classes of person; (d) whether the authorisation applies to a specified type of activity or to a specified class or classes of activity. 88ZI. Offence to fail to comply with terms and conditions A person to whom an authorisation under section 88ZE, 88ZF or 88ZG applies, or who belongs to a class in respect of which an authorisation under section 88ZE, 88ZF or 88ZG applies, must not contravene a term or condition of the relevant authorisation. Penalty: 20 penalty units. s. 11 -- 54 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 51 88ZJ. Production of authorisation (1) An authorised officer or a member of the police force may direct a person to whom an authorisation under section 88ZE, 88ZF or 88ZG applies, or who belongs to a class in respect of which an authorisation under section 88ZE, 88ZF or 88ZG applies, to produce for inspection that authorisation or evidence of that person's authorisation— (a) immediately; or (b) within 7 days at a place determined by the authorised officer or the member of the police force. (2) A person must comply with a direction under this section. Penalty: 5 penalty units.'. 12. Division heading inserted In Part 7 of the Principal Act, before section 89 insert— "Division 1—General". 13. New Divisions 2 to 5 of Part 7 inserted After section 89 of the Principal Act insert— 'Division 2—Authorised Officers 89A. Appointment of authorised officers (1) The Secretary may appoint a person to be an authorised officer if— (a) the person holds under the Private Security Act 2004— (i) a private security business licence that authorises that person to carry on the business of providing the s. 12 -- 55 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 52 services of other persons to act as a security guard or a crowd controller; or (ii) a private security individual operator licence that authorises that person to act as a security guard or a crowd controller; or (b) the person is a person who the Secretary believes has the appropriate skills, knowledge or experience to be appointed as an authorised officer; or (c) the person is a member of a class of person appropriate to be appointed as an authorised officer. (2) An appointment under sub-section (1)— (a) must be in writing; and (b) must specify the terms and conditions on which the person is appointed; and (c) may specify particular Championships venues or designated access areas in which the person may exercise powers, functions or duties as an authorised officer. (3) The Secretary may require an authorised officer appointed under this section to undertake specified training before exercising any powers, functions or duties under this Act. s. 13 -- 56 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 53 89B. Identification of authorised officers (1) The Secretary must issue to each person appointed as an authorised officer an identity card that— (a) contains a photograph of the person; and (b) states the full name of the person to whom it is issued; and (c) states that the person is an authorised officer for the purposes of this Act. (2) An authorised officer must produce his or her identity card for inspection at any time during the exercise of a power under this Act, if asked to do so. (3) If a person appointed to be an authorised officer proposes to exercise the functions of an authorised officer and fails to produce on demand his or her identity card, the person is not authorised to exercise those functions in relation to the person making the demand. (4) In any proceedings under this Act, an identity card purporting to be issued to a person by the Secretary under this Division is evidence of the appointment of that person as an authorised officer. 89C. Offence to hinder or obstruct authorised officer A person must not obstruct or hinder an authorised officer in the exercise of his or her powers, functions or duties under this Act. Penalty: 60 penalty units. s. 13 -- 57 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 54 89D. Offence to impersonate authorised officer A person must not impersonate an authorised officer. Penalty: 60 penalty units. 89E. Delegation under this Division by Secretary The Secretary, in writing, may delegate any of the powers conferred on the Secretary under this Division, other than this power of delegation, to— (a) a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act; or (b) a body corporate established under an Act for a public purpose. Division 3—Powers of Authorised Officers 89F. Power to require name and address (1) An authorised officer may require a person to give his or her name and address to the authorised officer if the authorised officer believes on reasonable grounds that the person has committed an offence against section 88G, 88H, 88I, 88Q, 88S, 88T, 88U or 88V. (2) Before requiring a person to state his or her name and address, an authorised officer must— (a) produce his or her identity card; and (b) inform the person that the authorised officer believes that the person has committed an offence against section s. 13 -- 58 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 55 88G, 88H, 88I, 88Q, 88S, 88T, 88U or 88V (as the case requires); and (c) inform the person that it is an offence against this Act— (i) to fail or refuse to give his or her name and address to an authorised officer when directed to do so; or (ii) to give a false or misleading name and address to an authorised officer. 89G. Refusal to give name and address (1) A person in a Championships venue or designated access area must not fail or refuse to give his or her name and address to an authorised officer when required to do so under section 89F. Penalty: 5 penalty units. (2) A person in a Championships venue or designated access area must not give a false or misleading name and address to an authorised officer when required to give his or her name and address under section 89F. Penalty: 5 penalty units. 89H. Inspection powers (1) An authorised officer or a member of the police force may— (a) request a person to produce and open for inspection and search by an authorised officer any bag, basket or other receptacle that the person intends to take into, or has in, a Championships venue or a designated access area; s. 13 -- 59 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 56 (b) request a person to produce and empty of its contents any bag, basket or other receptacle that the person intends to take into, or has in, a Championships venue or a designated access area; (c) request a person who intends to enter or has entered a Championships venue or a designated access area to turn out that person's pockets; (d) request a person who intends to enter a Championships venue or a designated access area— (i) to walk through screening equipment; and (ii) to allow an authorised officer or member of the police force to pass hand-held screening equipment over or around the person or around things in the person's possession; and (iii) to allow things in the person's possession to pass through screening equipment or to be examined by x-ray. (2) If a request under sub-section (1)(b) or (1)(c) is made of a person by an authorised officer or a member of the police force— (a) the person may request that the inspection be conducted in private; and (b) the authorised officer or member of the police force must conduct the inspection in a private area set aside by the Corporation or the Secretary for that purpose. s. 13 -- 60 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 57 (3) For the purposes of inspection and search under this section, an authorised officer or a member of the police force may— (a) search through any bag, basket or other receptacle; or (b) search through and move the contents of that bag, basket or other receptacle; or (c) search through and move the contents of a person's pockets turned out in accordance with sub-section (1)(c). (4) An authorised officer or a member of the police force may direct a person not to enter the Championships venue or the designated access area for a period of 24 hours if the person refuses to comply with a request made under sub-section (1). (5) An authorised officer or a member of the police force may direct a person who is in a Championships venue or a designated access area and who refuses to comply with a request under sub-section (1)— (a) to leave the Championships venue or the designated access area, as the case requires; and (b) not to re-enter that venue or area for a period of 24 hours. (6) In this section, "screening equipment" means a metal detector or similar device for detecting objects or particular substances. (7) Nothing in this section affects the operation of section 8G or 10 of the Control of Weapons Act 1990. s. 13 -- 61 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 58 Division 4—Miscellaneous Enforcement Matters 89I. Direction to leave venue or designated access area (1) Subject to sub-section (2), an authorised officer or a member of the police force may direct a person to leave and not re-enter or not to enter a Championships venue or the designated access area if the authorised officer or a member of the police force (as the case requires)— (a) believes on reasonable grounds that the person has committed an offence against section 50T or 50U or a provision of Division 1 of Part 6A of this Act; and (b) has informed the person that the officer or member has formed the belief referred to in paragraph (a); and (c) has, prior to making the direction, requested that person to leave and not re-enter or not to enter the Championships venue or the designated access area and that person has refused to leave or has entered or re-entered. (2) An authorised officer or a member of the police force must— (a) produce proof of his or her identity and official status before exercising a power under sub-section (1) unless, in the case of a member of the police force, the member is in uniform; and s. 13 -- 62 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 59 (b) inform the person that— (i) the authorised officer or member of the police force (as the case requires) is empowered to direct the person to leave and not re- enter or not to enter the Championships venue or the designated access area; and (ii) it is an offence to fail to comply with the direction; and (c) make all reasonable attempts to ensure that the person understands the direction. (3) A direction under sub-section (1) may apply to— (a) the whole of a Championships venue or the designated access area; or (b) any part of a Championships venue or the designated access area. (4) A direction under sub-section (1)— (a) must specify a period, not exceeding 24 hours, for which the direction applies; and (b) may be given in either or both of the following ways— (i) orally; (ii) in writing by serving it on the person to whom it applies either personally or by post. s. 13 -- 63 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 60 89J. Refusal to leave venue or designated access area and re-entry (1) A person must not, contrary to a direction given by an authorised officer or a member of the police force under section 88Z, 89H or 89I— (a) enter the Championships venue or designated access area for a period of 24 hours; or (b) attempt to enter the Championships venue or designated access area for a period of 24 hours. Penalty: 20 penalty units. (2) A person must leave a Championships venue or a designated access area immediately after being directed to do so by an authorised officer or a member of the police force under section 88Y, 88Z, 89H or 89I. Penalty: 20 penalty units. (3) A person who has left a Championships venue or a designated access area after being directed to do so by an authorised officer or a member of the police force under section 88Y, 88Z, 89H or 89I must not— (a) enter or re-enter the Championships venue or designated access area for a period of 24 hours; or (b) attempt to enter or re-enter the Championships venue or designated access area for a period of 24 hours. Penalty: 20 penalty units. s. 13 -- 64 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 61 (4) Despite sub-sections (1), (2) and (3), it is not an offence for a person to fail to comply with a direction given by an authorised officer or a member of the police force under section 89I if the authorised officer or member of the police force (as the case requires) did not comply with section 89I(2). 89K. Police may use reasonable force to remove person (1) A member of the police force, using no more force than is reasonably necessary, may— (a) prevent a person from entering or attempting to enter a Championships venue or the designated access area contrary to a direction under section 88Z, 89H or 89I; (b) remove a person from a Championships venue or the designated access area after the person has refused to comply with a direction under section 88Y, 88Z, 89H or 89I; (c) prevent a person from re-entering or attempting to re-enter a Championships venue or the designated access area contrary to a direction under section 88Y, 88Z, 89H or 89I. (2) Nothing in this section limits any powers of arrest that a member of the police force has under any other law. (3) Any action taken under this section does not prevent the institution of proceedings in respect of an offence. s. 13 -- 65 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 62 89L. Repeat offenders (1) If a member of the police force suspects on reasonable grounds that a person who has previously been given a direction to leave or not enter a Championships venue or the designated access area under section 89I is likely to disrupt a Championships event, the member of the police force may apply to the Magistrates' Court for an order prohibiting the person from entering any Championships venue or any designated access area (either wholly or in part) during the event period (as the case requires). (2) A member of the police force making an application under sub-section (1) must serve notice of that application on the person in respect of whom the application is made. (3) On an application under sub-section (1), the Magistrates' Court may make an order prohibiting the person in respect of whom the application is made from entering a Championships venue or a designated access area during all or part of the event period if the Court is satisfied on the balance of probabilities that— (a) the person was served with notice of the application under sub-section (2); and (b) the person has received a direction under section 89I; and (c) the person is likely to disrupt a Championships event. s. 13 -- 66 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 63 (4) The Magistrates' Court order must specify— (a) the Championships venue or the designated access area or part of the venue or area in respect of which the order is made; and (b) the Championships event in respect of which the order is made and the period for which the order is in force. (5) A person to whom an order under this section applies must not enter a Championships venue or the designated access area in contravention of that order. Penalty: 60 penalty units. 89M. Infringement notices, penalties and offences (1) A member of the police force may serve an infringement notice on a person who the member of the police force has reason to believe has committed an offence against section 88B, 88C, 88G, 88H, 88I, 88N, 88Q, 88S, 88T, 88U, 88V, 88W or 89J(1), (2) or (3) or the regulations. (2) An authorised officer may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against section 88S, 88T, 88U or 88V or the regulations. (3) An offence referred to in sub-section (1) or (2) for which an infringement notice may be served, is, on and from the commencement of the Infringements Act 2006, an infringement offence within the meaning of that Act. s. 13 -- 67 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 64 (4) The infringement penalty for an offence— (a) against sections 88C, 88G, 88H, 88I, 88N, 88Q, 88S, 88T, 88U, 88V, 88W and 89J(1), (2) and (3) or against an offence in the regulations is 2 penalty units; and (b) against section 88B is 3 penalty units. Division 5—Other Miscellaneous Matters 89N. No compensation No compensation is payable in respect of any loss, damage or injury, other than the death of, or personal or bodily injury to, a person, resulting from or arising out of any act or omission done in good faith by any person in the administration or purported administration of this Act or the regulations in relation to the management and conduct of— (a) the Championships; or (b) any Championships event or any associated event, activity or program; or (c) any activity associated with or ancillary to the Championships, a Championships event or an associated event, activity or program.'. s. 13 -- 68 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 65 14. Regulations (1) After section 90(1)(b) of the Principal Act insert— "(ba) the care, control, management and use of a Championships venue or designated access area; (bb) prohibiting or regulating any activity in a Championships venue or designated access area; (bc) regulating the behaviour of persons in a Championships venue or designated access area to ensure public safety, good order and decency; (bd) prohibiting or regulating the entry or admission of persons to a Championships venue or designated access area, including the banning of persons from a Championships venue or designated access area; (be) prohibiting or regulating the driving, parking or leaving parked of vehicles or vessels within a Championships venue or designated access area; (bf) prescribing penalties not exceeding 20 penalty units for a contravention of the regulations;". (2) In section 90(3) of the Principal Act— (a) in paragraph (b) for "circumstance." substitute "circumstance;"; (b) after paragraph (b) insert— "(c) may confer a discretionary authority or impose a duty on a specified person or class of persons; s. 14 -- 69 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 66 (d) may leave any matter or thing to be from time to time determined, approved or dispensed with by the Secretary; (e) may exempt specified persons or classes of persons from complying with all or any of the regulations; (f) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time.". 15. Expiry In section 91 of the Principal Act, after "Part 1," (where twice occurring) insert "section 89N,". ═══════════════ s. 15 -- 70 of 71 -- Act No. 66/2006 World Swimming Championships (Amendment) Act 2006 67 ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 June 2006 Legislative Council: 10 August 2006 The long title for the Bill for this Act was "to amend the World Swimming Championships Act 2004 to provide for the management and regulation of venues and areas to be used for the World Swimming Championships, to facilitate the carrying out of works for events and the conduct of events, including crowd management, to provide for other related matters associated with the World Swimming Championships and for other purposes." Endnotes -- 71 of 71 --